NATASHA GUPTA Vs. THE KINGFISHER AIRLINES LTD.

JUDGEMENT

(1.) I.A. 15249/2013

(2.) PRESENT application has been filed by defendant under Order XXXVII Rule 3(5) seeking leave to defend. Plaintiff has filed the present suit under the provisions of Order XXXVII of the Code of Civil Procedure seeking recovery of Rs. 58,79,152 along with pendente lite and future interest at the rate of 12% per annum. As per the plaintiff, present suit is based on the written employment contract, which is in the form of a letter dated 1.7.2011, addressed by the defendant to the plaintiff.

(3.) LEARNED counsel for the plaintiff submits that besides the salary the plaintiff was also entitled to other statutory benefits being Provident Fund and gratuity as per Employees Provident Fund Act, 1952, and gratuity being 15 days' salary after having completed five years in service. Counsel further submits that it is the case of the plaintiff that on 27.10.2011 the plaintiff was further granted an enhancement of Rs. 1.00 lakh, per month, being loyalty bonus, for being a pilot of the ATR fleet and, thus, her salary was increased to Rs. 5,57,500/ -, per month. Reliance is placed on the original letter dated 27.10.2011. Counsel contends that w.e.f. November, 2011, the defendant started paying the salary belatedly to the plaintiff, which was ultimately stopped in the month of July, 2012. Counsel further contends that despite various assurances given by the defendant, the plaintiff was not paid a single penny towards the outstanding salary, as a result of which, she mailed her resignation letter on 22.3.2013, which was accepted by the defendant on 25.3.2013.